Consumer Rights

Consumer Rights

Application of the Law of Ukraine "On Protection of Consumer Rights" to disputes arising from credit relationships, possible if the object and the cause of action is a question of providing information to consumers about the conditions of the loan, such as interest rate and currency risks, the procedure of execution of the contract, etc. preceding the conclusion of the contract. After signing the agreement between the parties arising credit relationship, and therefore to disputes over the implementation of this treaty the law could not be applied, and the application shall be special legislation in the lending system. Courts must pay attention to the fact that the commitments that involve the guarantors, the increase in credit interest rates, even with the consent of the bank and the debtor, but without consent of the surety, provides no basis for imposing on the latter liable for any failure to perform its obligations by the borrower 'Yazan front of the bank (part 1 of article. 559 Civil Code of Ukraine). Establish in the contract surety term in the form of "to full implementation of the borrower's obligations to the Union or to the full implementation of the surety commitments" can not be regarded as setting the term of the guarantee, as it does not meet the requirements of Art. 252 Civil Code of Ukraine.

According to this rule-determined period of years, months, weeks, days or hours. The term is defined by a calendar date or an indication of an event that must inevitably ensue. This in the contract of guarantee is not installed. In the case of death of the debtor of the principal obligation secured the contract of surety, if the successor has accepted the inheritance, it is necessary consent of surety be responsible for the new debtor, if the guarantee contract does not contain as a condition of consent to bail to answer for the execution of any new obligations to the debtor in the event of a transfer of debt principal obligation. Heirs have the obligation to pay accrued interest and penalties only if they are committed to the borrower (the heir) in their lifetime. Other accrued liabilities is not actually related to the individual borrower and can not be awarded for the payment of the heirs.

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